Bob Beatty is a Partner in the Natural Resources Practice Group. Bob represents mine operators in the coal and metal/non-metal sectors of the mining industry in mine safety and health regulatory matters before federal and state administrative agencies, federal courts, and state courts. He also provides pre-enforcement consulting services, including comprehensive training for mine managers and safety professionals.
Prior to joining Dinsmore, Bob spent time as an underground coal miner, and served as a Presidential appointee, twice confirmed by the U.S. Senate, as a member of the Federal Mine Safety and Health Review Commission. He also served as the Administrator of Legal Services for the West Virginia Office of Miners' Health Safety and Training.
Memberships & Affiliations
· West Virginia State Bar
· West Virginia Coal Association
· National Mining Association
· White House Athletic Center, Board of Directors (2000-2004)
· Leadership West Virginia, Class of 2007
· Listed in The Best Lawyers in America®
Secretary of Labor, Mine Safety and Health Administration, MSHA v. Banner Blue Coal Company, Docket Nos. VA 2011-367 and VA 2011-368 (March 12, 2010)
Banner Blue Coal Company
The Secretary of the Labor, Mine Safety and Health Administration (MSHA) issued two citations pursuant to 30 CFR §75.512 requiring electrical equipment to be frequently examined, tested, and properly maintained.
Secretary of Labor, Mine Safety and Health Administration, MSHA, v. North American Drillers, LLC, Docket Nos. LAKE 2008-2-R and LAKE 2008-98 (February 12, 2012)
North American Drillers, LLC
The Secretary of the Labor, Mine Safety and Health Administration (MSHA) issued a citation to our client, a national drilling company. After completion of the discovery process and conducting depositions to determine the citation's validity, the Secretary vacated the enforcement action and civil penalty.
Secretary of Labor, Mine Safety and Health Administration (MSHA) v. Marfork Coal Company, Inc., Docket Nos. WEVA 2006-788-R, WEVA 2006-789-R, WEVA 2006-790-R
Markfork Coal Company
Appeal of ALJ decision to dismiss notices of contests filed by mine operator pursuant to section 105(d) of the Federal Mine Safety and Health Act of 1977
National coal company v. Secretary of Labor, Mine Safety and Health Administration, MSHA, Docket No. LAKE 2010-408-R (September 8, 2010)
National Coal Company
The Secretary of the Labor, Mine Safety and Health Administration (MSHA) alleged that smoke from client's coal stock pile, demonstrated the existence of a fire which constituted an accident under the Mine Act.
Secretary of Labor Mine Safety and Health Administration (MSHA) v. Oak Grove Resources, LLC. Docket No. SE 2007-194, A.C. No. 01-00851-109935
Oak Grove Resources, LLC
Case involving allegations of significant and substantial, high gravity and moderate negligence violation of 30 C.F.R. 30 C.F.R. § 75.604(b)
May 20, 2010, Political Enforcement v. Due Process: Does the Victor Create Safety for Our Nation's Miners?
September 2, 2009, Lies, Damn Lies and Statistics: The Truth Behind MSHA Penalty Challenges
June 26, 2013, The Task of Task Training
May 29, 2013, What Does "Denial of Entry" - Really Mean?
April 30, 2013, MSHA Inspection Webinar: The Ever Changing Face of Advance Notice
March 28, 2013, "Let's go for a walk: Understanding Your Role Within the MSHA Enforcement Process," 31st Annual South Central Joint Mine Health and Safety Conference
March 18, 2013, "Managing your MSHA Relationships is Vital: Best practices for operators during an accident Investigation," National Stone, Sand & Gravel Association 2013 Annual Meeting
February 21, 2013, Evaluating the Impact of MSHA's "Pattern of Violations" Final Rule
October 17, 2012, Update on the Federal Mine Safety and Health Review Commission Cases
September 12, 2012, The Civil Penalty Contest Procedure: Steps to Avoid Delinquency Fines, Interest, and Collection Activity
June 22, 2012, Blurring the lines: Will Coal Mine Operators Become Mine Inspectors?
March 12, 2012, "Developing the defense of an MSHA case before the Federal Mine Safety & Health Review Commission," National Stone, Sand and Gravel Association's Legal Symposium, Charlotte, NC
November 14, 2011, "Managing Your MSHA Citation History," Tennessee Mining Conference
February 23, 2010, "Where There's Smoke There's Fire: Regulating by Idiom" - West Virginia Coal Association 37th Annual Mining Symposium
February 18, 2009, "Change is in the Air: Examining MSHA's New Belt Entry Standards" - West Virginia Coal Association 36th Annual Mining Symposium
October 18, 2008, "Mining Engineer Liability under the Mine Act: Fact or Fiction?" - West Virginia Coal Mining Institute
September 20, 2008, "Pattern of Violations: Your Past May Not be Behind You" - Mine Safety and Health Special Institute
February 1, 2008, "MSHA's Section 104(e) Pattern of Violation Enforcement Scheme" - West Virginia Coal Association 35th Annual Mining Symposium
November 14, 2007, "The Quiet Giant: Workplace Discrimination Under 105(c) of the Mine Act" - Human Resources Summit and Governor's Safety Conference
April 7, 2007, "Breaking the Bank: An Overview of MSHA's New Civil Penalty Formula"
January 10, 2007, "Managing Regulatory Enforcement: A Pre-Accident Perspective," West Virginia Coal Association, 34th Annual Mining Symposium, Charleston, WV
November 1, 2006, "Mining in 2006 and Beyond: An Overview of Senate Bill 247 and the Miner Act" - Human Resources Summit and Governor's Safety Conference
April 15, 2006, "Senate Bill 247: West Virginia's Legislative Response to the Sago and Arcoma Mine Accidents," Energy and Mineral Law Foundation Annual Institute, Williamsburg, VA
January 18, 2006, "The Importance of Managing Your MSHA Citation History," West Virginia Coal Association, 33rd Annual Mining Symposium, Charleston, WV
October 21, 2005, "Individual Civil Liability Under Section 110(c) of the Federal Mine Safety and Health Act: The Lack of Authorities Defense," West Virginia Coal Mining Institute 2005 Annual Joint Fall Meeting, White Sulphur Springs, WV
February 13, 2005, "Update on the Federal Mine Safety and Health Review Commission: A Practitioner's Perspective," 32nd Annual West Virginia Mining Symposium, Charleston, WV
(Also Partner at Morgantown, WV)